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How Licensed Security Guards Uphold Ontario's Legal Standards
How Licensed Security Guards Uphold Ontario's Legal Standards

Time Business News

time19-07-2025

  • Time Business News

How Licensed Security Guards Uphold Ontario's Legal Standards

In Ontario, licensed security guards play a vital role in maintaining public safety and protecting property. These professionals are not just passive observers—they are trained to act as the first line of defence in a wide range of situations. Their responsibilities are regulated under the Private Security and Investigative Services Act, 2005, which sets clear expectations for conduct, training, and accountability. Preventative Presence to Deter Crime A uniformed security guard acts as a visible deterrent to potential wrongdoers. Their presence alone can discourage theft, vandalism, trespassing, and other illegal activities on private or commercial property. Whether stationed at retail stores, construction sites, or residential complexes, their visibility promotes a sense of safety for everyone on the premises. Responding to Incidents and Emergencies Security guards are often the first to respond to on-site emergencies—be it a fire alarm, medical situation, or criminal activity. They are trained in de-escalation techniques, emergency protocols, and communication with law enforcement and emergency services. Their ability to act quickly can prevent injuries and limit property damage. Monitoring Surveillance Systems In addition to patrolling, many licensed guards are responsible for overseeing CCTV systems and access control technology. This digital vigilance allows them to spot suspicious behaviour in real-time, track entry and exit points, and maintain accurate logs of daily activity. Monitoring can be done from a control room or combined with physical patrols, depending on the site's needs. Enforcing Property-Specific Rules and Regulations Every property has its own set of policies, whether it's a shopping mall, office tower, or industrial facility. Security guards ensure these rules are followed—whether that means checking IDs, managing visitor access, or preventing unauthorized loitering. While they are not police officers, they have the authority to perform citizen's arrests when necessary and are trained to handle such scenarios within the boundaries of Ontario law. Ministry of the Solicitor General Oversight The entire licensing process falls under the jurisdiction of the Ministry of the Solicitor General, which regulates private security in Ontario. This body enforces compliance with the Private Security and Investigative Services Act, 2005 , and is responsible for issuing licences, overseeing training standards, and maintaining a public registry of licensed professionals. Mandatory 40-Hour Training Course All aspiring security guards must complete a ministry-approved 40-hour training program. This course includes core topics such as the role of security guards, report writing, legal authorities, and emergency response, and health and safety procedures. A portion of the training must also cover first aid and CPR certification, which is essential for handling on-site incidents. Passing the Provincial Security Guard Test After completing the training, candidates must pass a provincial security guard test, which evaluates their knowledge of the material covered in the course. The multiple-choice exam consists of 60 questions, and a passing score is required to move forward in the licensing process. Successful candidates receive a Testing Completion Number, which is required when submitting a licence application. Eligibility Criteria To apply for a security guard licence in Ontario, individuals must meet the following criteria: Be at least 18 years old Be legally entitled to work in Canada (citizen, permanent resident, or valid work permit) in Canada (citizen, permanent resident, or valid work permit) Have a clean criminal record (certain convictions may disqualify applicants) Once these steps are completed and the application is approved, the individual is issued a Security Guard Licence Card, which must be carried at all times while on duty. Use of Force Limitations (Only Reasonable Force Allowed) Security guards are permitted to use force only when absolutely necessary and in a manner that is considered reasonable under the circumstances. This typically applies to situations involving the protection of people or property, or during a lawful citizen's arrest. The use of excessive force can lead to legal consequences, including criminal charges or loss of licence. No Authority to Arrest Unless a Citizen's Arrest Applies Unlike police officers, licensed security guards do not have special powers of arrest. They may only perform an arrest under the citizen's arrest provision of the Criminal Code of Canada, which allows a person to detain someone they catch in the act of committing a crime on or against the property they are protecting. However, guards must promptly contact law enforcement and transfer custody to a police officer as soon as possible. Requirements for Carrying and Presenting a Licence Every licensed security guard must carry their licence card at all times while on duty and must present it upon request to a police officer, employer, or member of the public. Failure to do so can result in fines or disciplinary action. The licence also identifies the guard's status and confirms that they meet provincial training and conduct standards. Duty to Report Incidents Appropriately Guards have a legal and professional obligation to report incidents they witness or respond to. Accurate, detailed incident reports are essential for documenting events, supporting investigations, and protecting liability. Many employers and clients also require guards to maintain daily logs or submit reports in real-time using digital reporting tools. Writing Detailed Incident Reports One of the key responsibilities of a licensed guard is documenting incidents accurately and thoroughly. These reports must include essential facts such as time, date, individuals involved, and actions taken. Proper recordkeeping ensures transparency, supports investigations, and demonstrates that the guard followed legal protocols during any incident. Observing Privacy and Human Rights Laws Guards must operate in a way that respects the privacy and human rights of individuals. For example, they cannot conduct physical searches or monitor areas where people have a reasonable expectation of privacy unless authorized by law. Training includes an understanding of the Ontario Human Rights Code and how to avoid discriminatory practices while enforcing site rules. Using De-escalation Techniques Rather than resorting to force, guards are trained to de-escalate potentially volatile situations through calm communication, non-threatening body language, and strategic positioning. Effective de-escalation reduces the risk of harm and helps resolve conflicts without legal complications. It's one of the most valuable tools a security guard can use to stay compliant and protect everyone involved. Cooperating with Police and Emergency Services Security guards are often first responders, but when police or emergency personnel arrive, guards are expected to cooperate fully, providing information, surveillance footage, or witness accounts as needed. Their role is to support—never obstruct—official investigations and emergency response efforts, ensuring seamless handoffs and lawful coordination. Hospitals and Long-Term Care Homes In healthcare settings, guards must balance security with compassion. They are expected to maintain order without interfering with medical care or violating patient privacy protected under legislation like the Personal Health Information Protection Act (PHIPA). Their presence helps prevent unauthorized access, manage visitor flow, and respond to disruptive behaviour in a legally compliant and respectful manner. Retail Stores and Shopping Malls Retail security guards deter theft, handle shoplifting incidents, and monitor for disturbances, all while respecting the rights of shoppers and staff. They must follow proper procedures when conducting citizen's arrests or detaining individuals and ensure that surveillance practices comply with privacy laws. Legal missteps in these environments can quickly lead to complaints or civil liability. Construction and Industrial Sites At high-risk job sites, guards enforce safety regulations, check IDs, and monitor access to hazardous areas. They often work closely with site supervisors and must understand occupational health and safety rules, trespassing laws, and workplace incident reporting procedures. Legal compliance here protects both worker safety and the guard's own liability. Residential and Commercial Buildings In condos, apartment complexes, and office towers, guards play a dual role: ensuring security while interacting with residents, tenants, and staff. They must enforce building policies without discrimination and handle disputes or disturbances in ways that align with both legal standards and property management expectations. Events and Public Gatherings Large crowds at concerts, sports games, and festivals present unique security challenges. Guards must manage entry points, enforce event policies, and deal with intoxicated or aggressive individuals—all while staying within the limits of lawful conduct. Their training in crowd control, de-escalation, and emergency response is especially vital in these fast-paced environments. Licence Suspension or Revocation If a guard violates the conditions of their licence—such as using excessive force, failing to carry their licence while on duty, or performing duties without proper training—the Ministry has the authority to suspend or revoke the licence. Once a licence is revoked, the individual is no longer legally allowed to work in the security industry in Ontario. Fines or Legal Liability for Misconduct Improper conduct, such as unlawful detention, invasion of privacy, or discrimination, can expose both the guard and their employer to civil lawsuits and regulatory fines. Employers may also be held vicariously liable for the actions of their staff if proper training and oversight were lacking. Reputational Damage for Security Firms Security companies found to be employing unlicensed guards, cutting corners on training, or failing to enforce legal standards risk serious reputational harm. Clients and property managers often require proof of compliance, and even a single publicized incident can damage trust, hurt contracts, and lead to loss of business. Possible Criminal Charges for Serious Breaches In extreme cases—such as assault, unlawful confinement, or impersonating a police officer—guards may face criminal charges under the Criminal Code of Canada . These charges carry significant consequences, including a criminal record, jail time, and permanent disqualification from working in the industry. TIME BUSINESS NEWS

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